Sirajul Huk @ Pyare Miya vs Mustak Ahmad
2023 Latest Caselaw 12823 MP

                                                             1
                           IN       THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        BEFORE
                                           HON'BLE SMT. JUSTICE SUNITA YADAV
                                                 ON THE 8 th OF AUGUST, 2023
                                               SECOND APPEAL No. 189 of 2013

                          BETWEEN:-
                          SIRAJUL HUK @ PYARE MIYA S/O SOOPHI BASHIR
                          AHMAD SHAH, AGED ABOUT 67 YEARS, OCCUPATION:
                          DUKANDARI MADDI KA BAZAR,GWALIOR (MADHYA
                          PRADESH)

                                                                                         .....APPELLANT
                          (BY MR. SANJAY KUMAR AND MR. ANIL KUMAR JAIN - ADVOCATES)

                          AND
                          1.       MUSTAK AHMAD S/O SULTAN AHMAD, AGED
                                   ABOUT 72 YEARS, OCCUPATION: AGRICULTURE
                                   GRAM    SANKARPUR,   TAHSEEL    GWALIOR
                                   (MADHYA PRADESH)

                          2.       STATE OF M.P. TH: COLLECTOR,GWALIOR
                                   GWALIOR (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (MR. VIKAS SINGHAL - ADVOCATE FOR RESPONDENT NO. 1)

                                   T h is appeal coming on for orders this day, t h e cou rt passed the

                          following:
                                                              ORDER

Present second appeal has been filed under Section 100 of CPC against the judgment and decree dated 28.2.2013 passed by Tenth Additional District Judge, Gwalior (M.P.) in Appeal No. 3A/2013, whereby judgment and decree dated 13.10.2010 passed by Fifth Civil Judge, Class-I, Gwalior in Civil Suit No. 32-A/2010 has been set aside and decree was passed in favour of respondent No. 1.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 09-Aug-23 1:12:21 PM

I.A. No. 3253 of 2023, an application under Order 23 Rule 1 CPC, has been filed by the parties jointly on the ground of settlement between the parties.

Learned counsel for the parties have submitted that the parties have arrived at compromise and, therefore, respondent No. 1 / plaintiff wants to withdraw his Civil Suit No. 32-A/2010.

Heard learned counsel for the parties.

On 28.7.2023, the parties were directed to appear before the Principal Registrar of this Court for verification of factum of compromise. In compliance of the said order, the Registry has filed its report to the effect that parties have arrived at compromise voluntarily, without any threat, inducement or coercion.

In view of the fact that parties have arrived at amicable settlement, original Civil Suit No. 32-A/2010 decided by Fifth Civil Judge, Class-I, Gwalior is permitted to be withdrawn and impugned judgment and decree passed by the First Appellate Court is hereby modified as per the terms and conditions mentioned in I.A. No. 3253 of 2023, which will be part of the decree.

I.A. No. 3253 of 2023 is allowed and Present Second Appeal is disposed of accordingly.

(SUNITA YADAV) JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 09-Aug-23 1:12:21 PM